Legal Method And The Rule Of Law

We cannot see the world as it is because we face it in a 'contaminated' vein. That is, our conceptual scheme and biological constitution condition our world view. The legal normative world we are dealing with has some special features, like the primacy of practical reason over theoretical reason and the primacy of the internal point of view over the external point of view. Although it is not a feature of all legal traditions, 'legal dogmatics' is a privileged way of knowing legal normative object, that is, our legal orders. But we are not undertaking - as legal scholars - an empiricist enterprise because, among other reasons, we are not interested in the reality 'in itself' but in the 'relevant' reality, at least for us. In this respect, we do not only depend on theories (like physicists) but also on legal authoritative sources, that is, power and legitimacy. Legal scholars (and other participants in the legal life) are not neutral observers of their own world, trying to discover some hidden truth. They are committed experts trying to describe, justify and improve the legal order.

The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.

A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.

Why do some rules have the status of law while others do not? Is law simply a matter of rules anyway? What is justice? Is there a duty to obey a law even if it is unjust? Should the law concern itself with the activities of consenting adults in private? This work asks questions such as these and explains some of the answers which legal theorists have given, from Ancient Greece to the present day. Written in a readable style, this book aims to make intrinsically difficult material accessible and interesting.

Among the many new skills law students have to acquire, using legal materials and solving legal problems are possibly the most important. It was with this in mind that the authors wrote this book which could be used to support a course of study in legal method, or be used as a self-teachingguide to the subject. The aim of the authors has been to bring together the theory, structure and practice of legal reasoning in a readily accessible style. The book explains how to uncover and exploit the mysteries of legal materials. This is then used to draw the student into the techniques of legal analysis andargument and the operation of precedent and statutory interpretation. Each chapter includes practical self-testing exercises designed to support the text. Throughout the book the authors also examine the permeating influence of EC law and the legal method employed by the Continental legal systems. This edition incorporates additional material on legal research and has been updated to take account of the Human Rights Act 1998.

This book is written to serve the needs of the students of the law of the first year and it contains most aspects of the legal methods, legal systems and legal research. The legal method is an important subject in the study of law and it is also considered as the foundation of the subject. The book is split into eleventh chapters. Chapter one deals with the general methods and legal method of the study. Chapter two is concerned to jurisprudence and its schools. Chapter third deals with the nature and function of the law. Chapter fourth embodies the sources of the law. Chapter fifth discusses crime and a civil wrong. Chapter sixth is concerned to Constitution as basic law (rule of law). Chapter seventh deals with the separation of power. Chapter eight is devoted to the legal system. Chapter ninth analyses the moot court, mock trial and study method. Chapter tenth discusses about the legal profession and professional ethics. Chapter eleven deals with legal research and legal writing. The language of the book is easy and understandable to the students.